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 City of Hermosa Beach --- 07-14-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 14, 1998, at the hour of 7:15 P.M.
PLEDGE OF ALLEGIANCE - Michael Fleisher
ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz
MAYOR'S COMMENTS/ANNOUNCEMENTS: None
PRESENTATIONS:
PRESENTATION BY ROGER BACON OF CHECK FOR $7,500 FROM HAWTHORNE SAVINGS FOR BANNER DISPLAY 9/30/98 THROUGH 1/1/99 TO FUND THE RESTORATION OF THE VETTER WINDMILL
Roger Bacon presented a check to Mayor Edgerton, for the Vetter Windmill restoration, in the amount of $30,851.88. Mr. Bacon thanked all of the participants in the banner program that had created the restoration fund and introduced Mr. Steve Strong who, at his own expense, has gathered information and purchased needed parts for the windmill repair.
CLOSED SESSION REPORT FOR MEETING OF JUNE 23, 1998: COUNCIL APPROVED FINAL SETTLEMENT OF STERN V. CITY OF HERMOSA BEACH.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Maria West - 615 Seventh Street, asked for greater Police patrol near the Greenbelt around the 2:00 A.M. bar closing time; and, questioned the status of the Mar Vista proposal; Fred Haas - concerned with airplane noise and the new flight patterns; asked the City to join with neighboring cities to complain and try to stop these airport changes; Eric Piedies - announced a fundraiser on August 1, 1998, at "Chillers" in Redondo Beach to benefit the Resources for Independence; submitted flyers; Ralph Wernli - 619 Pacific Coast Highway (PCH), said that his was one of seven businesses affected by the no westbound traffic on Sixth Street; said that the businesses had not been notified of the possibility of a change in the traffic pattern and would be severely affected if it takes place; Danny Farshadfar - 601 PCH business owner, spoke of the drastic effect that closing Sixth Street to westbound traffic west of Pacific Coast Highway would have on his business;
Action: To direct staff to delay enactment of the closure of Sixth Street to westbound traffic west of Pacific Coast Highway and return the issue to the Council for further resident and business input on the agenda of the regular meeting of July 28, 1998, and to ensure that the affected businesses are notified of the meeting. Motion Oakes, second Mayor Edgerton. The motion carried, noting the absence of Benz and the abstention of Reviczky.
Continuing to come forward to address the Council were: Alice Villalobos - Coast Pet Clinic, asked the Council to consider instigating a program that would allow leashed pets on the beach during certain hours, such as before 9:00 A.M. and after 6:00 P.M. in summer (4:00 P.M. in winter); said that other coastal cities such as Huntington Beach, San Diego and Carmel had such programs without problems; suggested that an annual permit of $50 per family plus $10 per dog be established that carried a very large fine of up to $500 for violations; submitted information directly to the Council; Drew Weaver - Hermosa Beach, spoke in support of Dr. Villalobos concept, said that he had lived in cities along the coast that allowed this type of dog use and there had been no problems; Greg Tilka - 230 27th Street, spoke regarding a City owned partial lot near 27th Street and Manhattan Avenue that is under discussion for sale to a developer; asked that the City not sell the lot, but to allow the neighborhood to develop it as a small park instead; and, Roger Bacon - 1100 Pacific Coast Highway, spoke at this time but is shown above under Presentation for clarity.
Action: To direct staff to gather information regarding the programs allowing pets on the beach in other cities and return to Council with a report on the possibility of instigating Dr. Villalobo's plan in Hermosa Beach and to determine if a restriction to allow Hermosa Beach residents only to purchase permits was allowable. Motion Oakes, second Mayor Edgerton. The motion carried, noting the absence of Benz.
(b) COUNCIL COMMENTS: Councilmember Reviczky responded to comments by saying that Hermosa Beach is taking an active part in protesting the changes in flight patterns and the expansion of LAX.
(c) WRITTEN COMMUNICATION
1. Letter from Ron and Barbara Taylor dated June 22, 1998 regarding traffic on Monterey Boulevard. Supplemental letter from the Taylors received July 14, 1998, regarding reopening Valley Drive to northbound traffic.
Action: To receive and file. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz.
Action: To receive and file. Motion Mayor Edgerton, second Bowler. The motion carried, noting the absence of Benz and the abstention of Reviczky.
3. Letter from Kurt Nelson of J.C.C. Homes dated July 7, 1998, requesting reconsideration of zone change for Learned Lumber site.
Action: To receive and file the letter at the request of Mr. Nelson. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz and the abstention of Reviczky and Mayor Edgerton.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Reviczky, (f) Mayor Edgerton, (l) Oakes, and noting that item (g) was requested to be continued by staff. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz.
No one came forward to address the Council on items not removed from the consent calendar.
At 7:58 P.M. the order of the agenda was suspended to go to the public hearing, item 4.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on June 9, 1998; and, 2) Minutes of the Regular meeting held on June 23, 1998.
Action: To approve the minutes of the Regular Meeting of June 9, 1998, and the Regular Meeting of June 23, 1998, as presented. (Benz Absent)
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14065 THROUGH 14254 INCLUSIVE, NOTING VOIDED CHECK NO. 14222, AND TO APPROVE THE CANCELLATION OF CHECK NO. 13921 AS RECOMMENDED BY THE CITY TREASURER.
Action: To ratify the check register as presented. (Benz Absent)
(c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS.
Action: To approve the staff recommendation to receive and file the tentative future agenda items as presented. (Benz Absent)
(d) RECOMMENDATION TO APPROPRIATE $1,000 DONATION FROM THE SURFRIDER FOUNDATION TO THE COMMUNITY RESOURCE DEPARTMENT TO BE USED FOR SUMMER SURF CAMP. Memorandum from Finance Director Viki Copeland dated June 30, 1998.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and publicly thank the donor.
Action: To approve the staff recommendation to appropriate the Surfrider Foundation, South Bay Chapter donation of $1,000.00 to the Community Resources Department to be used for the summer surf camp for fiscal year 1997-98. Motion Reviczky, second Oakes. The motion carried, noting the absence of Benz.
(e) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE LOS ANGELES COUNTY SUPERINTENDENT OF SCHOOLS FOR ROOM 16 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated July 6, 1998.
Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the three-year lease agreement between the Los Angeles County Superintendent of Schools and the City for the use of Room 16 in the Community Center at a rate of $901.60 per month (920 sq.ft. X $.98 per sq.ft.) from July 1, 1998, through June 30, 1999, for a total annual rental income of $10,819.20; $947.60 per month (920 sq.ft. X $1.03 per sq.ft.) from July 1, 1999, through June 30, 2000, for a total annual rental income of $11,371.20; and, with the rental rate to be determined by the City Council for 2000/01; and, 2) authorize the Mayor to sign the lease. (Benz Absent)
(f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 17, 1998.
This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting in order to express concern regarding remarks made by a Commissioner.
Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of June 17, 1998. Motion Mayor Edgerton, second Oakes. The motion carried, noting the absence of Benz.
(g) RECOMMENDATION TO AWARD LANDSCAPE MAINTENANCE CONTRACT TO LANDSCAPE WEST FOR A PERIOD OF THREE YEARS IN THE AMOUNT OF $343,044. Memorandum from Public Works Director Harold Williams dated July 2, 1998.
(h) RECOMMENDATION TO APPROPRIATE $24,486.15 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THREE (3) NEW POLICE MOTORCYCLES FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated July 7, 1998.
Action: To approve the staff recommendation to appropriate $24,486.15 from the Equipment Replacement Fund for the purchase of three (3) new police motorcycles for the Police Department. (Benz Absent)
(i) RECOMMENDATION TO APPROPRIATE $70,590.91 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THREE (3) NEW BLACK AND WHITE PATROL CARS FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated July 2, 1998.
Action: To approve the staff recommendation to:
(j) RECOMMENDATION TO APPROVE THE CONSTRUCTION DOCUMENTS FOR THE HERMOSA BEACH PIER RENOVATION PROJECT AS DESIGNED BY HARDING LAWSON ASSOCIATES AND AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF THE HERMOSA BEACH PIER RENOVATION. Memorandum from Public Works Director Harold Williams dated July 6, 1998.
Action: To approve the staff recommendation to:
(k) RECOMMENDATION TO APPROVE THE INSTALLATION OF A 15 MINUTE (GREEN ZONE) TIME LIMIT PARKING IN FRONT OF 145 PIER AVENUE. Memorandum from Public Works Director Harold Williams dated July 7, 1998.
Action: To approve the staff recommendation to approve the installation of a 15 minute (green zone) time limit parking in front of 145 Pier Avenue, Java Man Cafe. (Benz Absent)
(l) RECOMMENDATION TO AWARD THE CONSTRUCTION FOR THE BASKETBALL AND TENNIS COURT RESURFACING TO TAYLOR TENNIS COURTS OF ANAHEIM, CALIFORNIA IN THE AMOUNT OF $46,086, REJECT ALL OTHER BIDS, AND APPROPRIATE A CONTINGENCY OF 10%. Memorandum from Public Works Director Harold Williams dated June 30, 1998.
This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to question if the tennis courts to be removed for the skateboard track were included in this amount.
Community Resources Director Mary Rooney responded that those two courts were not included, all others in the City and the basketball courts at Clark were included.
Action: To approve the staff recommendation to:
Motion Oakes, second Reviczky. The motion carried, noting the absence of Benz.
(m) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 1, 1998.
Action: To approve the staff recommendation to deny the claim and refer to the City's Liability Claims Administrator. Claimant: Fran Little Date of Loss: 6/12/98 Date Filed: 6/23/98 Allegation : Claimant alleges she drove her car over city-owned storm drain pipe in parking lot. The underside of her car was scraped, causing damage to the muffler. (Benz Absent)
(n) RECOMMENDATION TO ADOPT RESOLUTION SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF THE CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP WITH THE PROVISION THAT THE PROJECT BE DEVELOPED IN CONFORMANCE WITH THE LETTER OF AGREEMENT SIGNED BY THE APPLICANT AND THE ADJOINING PROPERTY OWNERS DATED MAY 20, 1998. Memorandum from Community Development Director Sol Blumenfeld dated July 6, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5926, entitled, "A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, SUSTAINING PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT, AND PRECISE DEVELOPMENT PLAN, FOR A TWO-UNIT CONDOMINIUM PROJECT, AND VESTING TENTATIVE PARCEL MAP 21493 AT 840 15TH ST., LEGALLY DESCRIBED AS LOT 25 HEFNER FIORINI ALLEN TRACT." (Benz Absent)
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(d), (f), and (l) were heard at this time but are shown in order for clarity.
Public comments on items removed from the consent calendar are shown under the appropriate item.
PUBLIC HEARINGS
4. PROPOSED VACATION OF A PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH. Memorandum from Public Works Director Harold Williams dated July 6, 1998.
Public Works Director Williams presented the staff report and responded to Council questions.
The public hearing opened at 8:01 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:01 P.M.
Action: To approve the staff recommendation to adopt Resolution No. 98-5927, entitled, "A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT FOR PUBLIC PURPOSES THAT PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 1 PAGES 25 AND 26 OF MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER." Motion Bowler, second Oakes. The motion carried, noting the absence of Benz.
At the hour of 8:03 P.M. the order of the agenda was returned to item 2.
MUNICIPAL MATTERS
5. AWARD CONTRACT FOR ADMINISTRATION OF CITY MUNICIPAL STORM WATER PROGRAM. Memorandum from Public Works Director Harold Williams dated July 7, 1998.
Public Works Director Williams presented the staff report and responded to Council questions.
Public participation opened at 8:15 P.M. As no one came forward to address the Council on this item, public participation closed at 8:15 P.M.
Action: To approve the staff recommendation to:
Motion Bowler, second Oakes. The motion carried noting the absence of Benz.
6. APPROVAL OF AMENDMENT TO UTILITY USER TAX CODE REGARDING COLLECTION BY ELECTRICITY PROVIDERS. Memorandum from Finance Director Viki Copeland dated June 15, 1998.
Finance Director Copeland presented the staff report and responded to Council questions.
Public participation opened at 8:20 P.M. As no one came forward to address the Council on this item, public participation closed at 8:20 P.M.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1181, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING COLLECTION OF THE UTILITY USERS TAX BY ELECTRICITY PROVIDERS AND AMENDING CHAPTER 3.36 OF THE HERMOSA BEACH MUNICIPAL CODE." Motion Reviczky, second Oakes.
AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: Benz
7. APPROVAL OF AMENDMENT TO PROVISIONS OF CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO INSURANCE REQUIREMENTS FOR TAXICAB OPERATORS AND DRIVERS. Memorandum from Police Chief Val Straser dated July 1, 1998.
Police Chief Straser presented the staff report and responded to Council questions, saying that the change was necessary in order to be compatible with the neighboring cities.
Public participation opened at 8:24 P.M. As no one came forward to address the Council on this item, public participation closed at 8:24 P.M.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1182, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO INSURANCE REQUIREMENTS OF REGULATIONS APPLICABLE TO TAXICAB OPERATORS AND DRIVERS." Motion Bowler, second Oakes.
AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT Benz
The meeting recessed at 8:25 P.M. and Mayor Edgerton announced that there would be refreshments (provided by Nancy Reviczky) in honor of Councilmember Reviczky's birthday tomorrow, then joined with other Councilmembers and the audience in singing and wishing Mr. Reviczky a Happy Birthday.
The meeting reconvened at 8:54 P.M.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
Councilmember Bowler declared a potential conflict of interest due to owning a business within the area and left the dais and the room at 8:55 P.M.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to direct staff to discuss a revised project with the property owners that includes a movie theatre, a parking agreement incorporating the use of Lot B, and protection of the architectural features of the Bijou building. Motion Mayor Edgerton, second Oakes. The motion carried noting the absence of Benz and Bowler.
Councilmember Bowler returned at 9:43 P.M.
b. SB2010 - SANTA MONICA MOUNTAINS CONSERVANCY EXPANSION OF JURISDICTION BEYOND THE SANTA MONICA MOUNTAINS. Memorandum from City Manager Stephen Burrell dated June 30, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to take a position of opposition to SB2010 and that staff be directed to track the bill and communicate the City's position to the legislation. Motion Bowler, second Oakes. The motion carried noting the absence of Benz.
City Manager Burrell remarked that the proposed elimination of the vehicle in-lieu tax was now being considered that the tax would remain the same but be allowed as a deduction on State income tax.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. VACANCIES - BOARDS AND COMMISSIONS - EXPIRATION OF TERM - CIVIL SERVICE BOARD. Memorandum from City Clerk Elaine Doerfling dated July 8, 1998.
City Clerk Doerfling presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to re-appoint current Civil Service Board member John Wisdom to fill the expiring term and serve another four-year term ending July 15, 2002. Motion Reviczky, second Oakes. The motion carried noting the absence of Benz.
10. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
a. Request from Mayor Pro Tem Benz to sponsor an open house for the California Coastal Commission, Redondo Beach city officials and Manhattan Beach city officials on September 19th for the free beach concert. (Continued from the meeting of 6/23/98.)
Action: To invite the officials from the Coastal Commission, Redondo Beach and Manhattan Beach to attend the free beach concert on Saturday, September 19, 1998. Motion Mayor Edgerton, second Reviczky. The motion carried noting the absence of Benz.
b. Request from Councilmember Oakes for a review of parking requirements for R-2 developments.
Councilmember Oakes spoke to her request. Councilmember Reviczky requested that open space be reviewed as well.
Action: To direct staff to return with the information that would allow the Council to review:
Motion Oakes, second Mayor Edgerton. The motion carried noting the absence of Benz.
CITIZEN COMMENTS
Coming forward to address the Council at this time were: Fred Haas - related problems that had occurred when liquid sunscreen had melted into the eyes of friends and suggested a Mexican sombrero as a safe sunscreen alternative.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: : Pursuant to Government Code Section 54957.8
a. Property: 1309 Bard Street Negotiating Parties: Stephen Burrell Russ Lesser Under Negotiation: Price and Terms of Payment
b. Property: 27th St. & Manhattan Ave. Negotiating Parties: Stephen Burrell Mark Walther Under Negotiation: Price and Terms of Payment
ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 14, 1998, at the hour of 9:56 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:00 P.M. At the hour of 10:30 P.M. the Closed Session adjourned to the Adjourned Regular Meeting.
ORAL ANNOUNCEMENTS - It was announced that the following action had taken place:
Action: To accept the agreement to purchase the property at 1309 Bard Street for $375,000.
AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: Benz
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 14, 1998 at the hour of 10:31 P.M. to the Regular Meeting of Tuesday, July 28, 1998, at the hour of 7:10 P.M.
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